Appellate Advocacy

Appellate Advocacy

Primary Contact: Amanda Wofford

Our appellate attorneys routinely represent clients in appellate matters.  We have experience in representing clients before the Arkansas Court of Appeals, the Arkansas Supreme Court, the United States Court of Appeals for the Eighth Circuit, the United States Supreme Court, and other circuit courts of appeal.  Rose attorneys handle appeals in cases in which we have represented the client in prior proceedings, but we represent clients who wish to engage our firm only for purposes of appeal.

Whether a client has lost a case in state or federal court, there are strict requirements on the timing and form of an appeal.  For instance, there are strict requirements on the timing of filing a notice of appeal and the time in which a party must tender the record of the case to the appellate court.

When considering whether to appeal an adverse decision in a case, clients often ask several questions, including “How much will an appeal cost?” “How long will it take?” and “What are my chances of success?”  The answers to these questions vary with the facts and circumstances surrounding each case, but there are some general guidelines collected from our experience in handling appeals.  First, after a notice of appeal is filed, it typically takes 12 to 18 months for the court to reach a decision, depending on the appellate court’s schedule and docket. Next, with respect to a party’s chance of success on appeal, this question has no obvious answer.  The likelihood of success depends on the facts and circumstances of each case and may be affected significantly by the applicable standard of review used by the appellate court, which means the level of deference the appellate court gives to the decision made by the judge or jury in the case being appealed.

There are strict requirements in the timing and form of an appeal and the decision to appeal is, in many cases, a cost-benefit decision.  If a client has lost a case at trial or in pre-trial proceedings and wish to appeal, it is highly recommended that an attorney is contacted immediately to ensure that appellate rights are preserved.